Legal Question in Medical Leave in Virginia
maternity leave and termination
My daughter has been informed that her job as regional sles manager has been eliminated while whe was on maternity leave. Her job reguires a lot of social engagements and travel. She was told that she was a great employee and they were offering her a position in Seatle, Wa. which is really far from the Dc area where she now lives. Her husband is in law enforcement and would have to start over if he moved. She is already the main bread winner.
my daughter received a call from her assistant that she had been given the job and it still has the same title. I do not think this is legal. The assistant will make much less than my daughter and she is single.
1 Answer from Attorneys
Re: maternity leave and termination
Based on what you describe, I think that this is a clear violation of the Federal statute. Of course, you cannot be sure at this point what happened, and I am only acting on what you have described.
However, if the company LIED and said they were terminating the position, when in fact they were not, in order to try to evade the Family and Medical Leave Act, and then filled the same position with someone else, then I think that would be a fairly clear violation.
However, bear in mind that our understanding of what really happened is a little shallow at this point and a lot would depend upon verifying the actual facts. Also because litigation can take a long time, probably more than a year, it might not solve her immediate dilemma about moving.
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